we haven't heard from the pentagon on the latest development. but the u.s. did confirm in 2011 this one of its unmanned drones went missing. >>> those drones will likely be one of the most heated talked points during john brennan's confirmation hearing. he's president obama's pick to head the cia. he'll face tough questions from democrats and republicans. nbc's tracie potts is live on capitol hill with a preview. good morning. >> reporter: good morning. in a written response to those lawmakers he faces later today, brennan says that those drone strikes are rare but are legal. he is defending them and will talk more about that today. he'll be asked more about that today as the top counterterror adviser for the president. the white house also releasing what had been a classified memo to lawmakers on these intelligence committees with the legal justification for why the u.s. thinks or, as the white house put, it we're doing this for the right reasons in the right way. but the ucla, privacy groups, lawmakers, even some states disagree. 11 states are trying to re